The appellate court will not overturn a trial court's acquittal unless there is a clear demonstration of perversity or legal error in the evidence assessment.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. Aggrieved by the judgment dated 31/10/2012 of learned 4^th Additional Sessions Judge, Surendrangar, whereby the sole accused in Sessions Case No.34 of 2011 on the file of said court was acquitted of the charges levelled against him for the offence of murder and for screening of the evidence, the State has preferred this appeal assailing the legality and validity of the said judgment of the Sessions Court, Surendranagar.

2. Heard learned Additional Public Prosecutor Ms. Krina Calla for the State and learned counsel Mr.A. B. Gateshaniya for the respondent.

3. The facts of the prosecution case lie in a narrow compass and may be stated as follows:

3.1. The deceased by name Rajubhai@Babli and PW-2 are relatives. The accused is owner of a petrol Bunk. It is stated that when PW-2 approached the accused at his petrol Bunk and requested the accused to provide diesel to his loader vehicle on credit basis, the accused refused to supply diesel to PW-2 on credit basis. PW-2 got enraged and informed about the said fact to the deceased who is his relative. Immediately both, the deceased and PW-2, went on a scooter to question the accused as to why he refused to supply diesel to PW-2 on credit basis. While both of them were going on a scooter, they came across the accused on the way near the bus-stand at about 3:30 p.m. on the fateful day i.e. on 03/02/2011. When both, the deceased and PW-2, questioned the accused as to why he refused to supply diesel to PW-2 on credit basis, a quarrel took place between them. It is stated that immediately the accused has taken out a sword from his scooter on which he came and stabbed the deceased with the said sword on the right side of his stomach. The deceased sustained a stab injury on the right side of his stomach and fell down. PW-2, who has witnessed the incident, became panic and ran away from the scene of offence. It is stated that the local persons, who were doing business at the scene of offence, also witnessed the incident.

3.2. PW-3, who is the cousin brother of the deceased, and PW-5, who are sitting at a distant place near the scene of offence, saw the deceased fell on the ground and they immediately reached the scene of offence and they have taken him to the Gandhi Hospital, Surendranagar on the motor-cycle of PW-3. The doctor, who examined him, declared that he already died. Thereafter, on the information given by PW-5 to the police, an accidental death case was initially registered in this regard on 03/02/2011. While so, PW-1, who is the elder brother of the deceased, inquired about the incident and thereafter he lodged the report with the police on 07/02/2011 stating that the accused stabbed the deceased and killed him. Therefore, the police registered a case against the accused for the offences punishable under Sections-302 and 504 of the INDIAN PENAL CODE .

3.3. The case was investigated and eventually after completion of investigation, a charge-sheet was filed against the accused for the offences punishable under Sections-302, 504, 201 and 205 of the INDIAN PENAL CODE .

4. After complying with the procedural prescriptions of law, the case was committed to the sessions court for trial. Charge for the offence punishable under Sections 302 , 504, 201 and 205 was framed against the accused and it was read over to him. The accused abjured the guilt and claim to be tried.

5. After completion of the trial, the accused was found not guilty for any of the charges levelled against him and he was acquitted of the charge framed